IN THE CASE OF:	   

		BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20150000991 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM) with "V" Device, Bronze Star Medal (BSM), and Combat Infantryman Badge (CIB).

2.  The applicant states these awards were not added to his DD Form 214 when he was discharged.

3.  The applicant provides:

* ARCOM with "V" Device Certificate and orders
* BSM Certificate, Citation, and orders
* 25th Infantry Division Certificate
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 5 January 1968.  He completed his training and was awarded military occupational specialty 13E (field artillery operator and intelligence assistant).  He arrived in Vietnam on 3 June 1968.  His DA Form 20 (Enlisted Qualification Record) shows:

* he served in MOS 13E as a wireman and reconnaissance sergeant assigned to Battery C, 1st Battalion, 8th Artillery, in Vietnam from 13 June 1968 to 11 February 1969
* he served in MOS 13E as a reconnaissance sergeant assigned to Headquarters and Headquarters Battery (HHB), 1st Battalion, 8th Artillery, in Vietnam from 12 February 1969 to 2 June 1969

3.  He provided Headquarters, 25th Infantry Division, General Orders Number 3041, dated 12 March 1969, awarding him the ARCOM with "V" Device for heroism in the Republic of Vietnam on 23 February 1969 while serving as liaison sergeant with HHB, 1st Battalion, 8th Field Artillery.

4.  He provided Headquarters, 25th Infantry Division, General Orders Number 7496, dated 3 June 1969, showing he was awarded the BSM for meritorious service in the Republic of Vietnam during the period June 1968 to June 1969.

5.  He participated in four campaigns during his assignment in Vietnam.

6.  On 18 December 1969, he was honorably released from active duty in the temporary rank of sergeant/E-5 after completing 1 year, 11 months, and 14 days of creditable active service with no lost time.

7.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* ARCOM
* Republic of Vietnam Campaign Medal with Device (1960)

8.  There are no orders for the ARCOM or CIB in the applicant's available records.

9.  There is no evidence indicating he was awarded the Army Good Conduct Medal (AGCM).  There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

11.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

12.  Army Regulation 600-8-22 states a bronze service star is worn on the VSM for each credited campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 8th Artillery, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period January 1966 to August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 31 March 1966 to 21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows the ARCOM as an authorized award; however, there are no orders for the ARCOM in the applicant's available records. 
Since he provided general orders for award of the ARCOM with "V" Device for heroism on 23 February 1969 in the Republic of Vietnam, it appears the ARCOM was erroneously entered on his DD Form 214 instead of the ARCOM with "V" Device.  It would therefore be appropriate to amend his DD Form 214 to show award of the ARCOM with "V" Device instead of the ARCOM.

2.  General orders show he was awarded the BSM.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  The applicant's request for award of the CIB was noted.  However, the governing regulation for award of the CIB clearly establishes that the CIB may be awarded to personnel who hold an infantry specialty.  However, they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

4.  The evidence of record shows he served in MOS 13E as a wireman and reconnaissance sergeant while assigned to an artillery unit during his tour of duty in Vietnam.  There is no evidence showing he held or served in an infantry MOS or served in active ground combat while assigned as a member of an infantry unit of brigade, regimental, or smaller size.  As a result, there is insufficient evidence upon which to base award of the CIB.

5.  He was honorably released from active duty in the temporary rank of sergeant with 23 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the AGCM for the period 5 January 1968 through 18 December 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

6.  He participated in four campaigns during his assignment in Vietnam which authorizes him award of the VSM with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

7.  His Vietnam unit was awarded two Republic of Vietnam Gallantry Cross with Palm Unit Citations during the period in which he was assigned.  Therefore, his DD Form 214 should be corrected to show both unit awards.

8.  His Vietnam unit was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned.  Therefore, his DD Form 214 should be corrected to show this unit award.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the AGCM (1st Award) for the period 5 January 1968 through 18 December 1969,

	b.  deleting award of the ARCOM and VSM from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* BSM
* ARCOM with "V" Device
* AGCM (1st Award)
* VSM with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding award of the CIB to his DD Form 214.



      _____________x____________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20150000991



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ABCMR Record of Proceedings (cont)                                         AR20150000991



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